PRAMJIBHAI RUPABHAI CHALSANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By filing instant appeal under Section 374 of the Code of Criminal Procedure ('the Code' for short) the appellant ('the accused' for short) challenges the correctness of the judgment and order dated 7.12.1999 rendered in Sessions Case No. 143 of 1994 by the learned Additional Sessions Judge. Rajkot District, Rajkot. By the impugned judgment and order. the accused who was charged for commission of the offences punishable under Sections 376. 366 and 506 of the Indian Penal Code ('IPC' for short) on the accusation that on 17.9.1993 he took the prosecutrix. Dinaben Mansukhbhai Parmar at Shreyas Guest House and after giving some stupefying substance in the snacks ravished her and thereafter again on 24.9.1993 at 2 p.m.. he committed rape on her in her house, was held guilty for the same and. therefore, he was convicted for the offence punishable under Section 376 (2) IPC and sentenced to suffer R.I. for ten years and fine of Rs. 1,000/- and in default of payment of fine, S.1. for a further period of one month.

(2.) The brief facts of the prosecution case as disclosed from the complaint lodged by the prosecutrix, Dinaben, and unfolded during trial, are as under:

(3.) On receipt of the complaint from the Court, P. W. 7, B. A. Tivari, started investigation. During the course of investigation, he recorded statements of the prosecutrix and other witnesses, capsules were recovered from the accused in presence of panchas, the accused was arrested, muddamal were forwarded to FSL for analysis and as per the report received from FSL, the capsules were containing an ayurvedic medicine 'prajna'. He also sent the prosecutrix for medial check up. On completion of the investigation, as incriminating evidence was found against the accused, he filed charge-sheet against the accused for commission of the offence punishable under Sections 376, 366 and 506 IPC in the Court of learned Chief Judicial Magistrate, Rajkot.